Madras High Court
K.Sabesan vs The State Rep. By on 23 November, 2021
Crl.O.P.No.20837 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.11.2021
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
Crl.O.P.No.20837 of 2021
K.Sabesan ... Petitioner
Versus
The State Rep. by
The Sub - Inspector of Police,
R6 - Kumaran Nagar Police Station,
Chennai - 600 083. ... Respondent
PRAYER: Criminal Original Petition filed under Section 482 of the
Code of Criminal Procedure, to direct the learned XXIII
Metropolitan Magistrate, Saidapet at Chennai to complete the trial in
C.C.No.2206 of 2019 within the time stipulated by this Court.
For Petitioner : Mr. S.Sathish Rajan
For Respondent : Mr. E.Raj Thilak,
Additional Public Prosecutor
Page No.1 of 6
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.20837 of 2021
ORDER
This petition has been filed to direct the learned XXIII
Metropolitan Magistrate, Saidapet at Chennai to complete the trial in
C.C.No.2206 of 2019 within the time stipulated by this Court.
2. When the matter came up for hearing on 17.11.2021,
the learned Government Advocate gave an undertaking to execute
the Non Bailable Warrant, if not file a status report and this Court
passed the following order:-
“The petitioner is the defacto
complainant, who is aged about 76 years. The case is
pending from the year 2019 before the XXIII
Metropolitan Magistrate Court, Saidapet, Chennai. In
this case, there are totally three accused. A2 and A3
appearing before the Lower Court, who are none other
than the wife and son of A1 and all are residing in the
same address. For the reason best known NBW kept
pending and it is not executed.
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Crl.O.P.No.20837 of 2021
2. The learned Government Advocate (Crl.Side)
submits that in this case, A1 divorced A2 and A1 is
living separately. A2 is residing with her son A3. A1's
whereabout is not known. He further submits that all
earnest steps will be taken to execute the Non-Bailable
Warrant, if not, the reason for not executing the Non-
Bailable Warrant will be submitted by way of a
report.”
3. The learned Additional Public Prosecutor filed a
counter affidavit stating that a detailed investigation was carried out
and a final report has been filed. L.W.1 to L.W.8 were examined in
this case. Admittedly, A1 is not available in the address, where A2
and A3 are residing. Now, steps have been taken against the sureties
of A1 under Section 476 of Cr.P.C in Crl.M.P. No.10674 of 2021.
4. The learned counsel for the petitioner submits that A1
is deliberately avoiding to appear before the Lower Court and the
bail granted to A1 shall be cancelled following the judgment of the
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.20837 of 2021
Hon'ble Supreme Court in P.K. Shaji vs. State of Kerala [(2005)
AIR SCW 5560].
5. It is seen that the sureties are none other than the close
relatives of A1 and hence, securing of A1 is possible. In view of the
same, necessary action should be taken to secure the accused.
6. With the above direction, this Criminal Original
Petition is disposed of.
23.11.2021
Index: Yes/No
Internet: Yes/No
dna/skr
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.20837 of 2021
To
1. The XXIII Metropolitan Magistrate,
Saidapet,
Chennai.
2. The Sub - Inspector of Police,
R6 - Kumaran Nagar Police Station,
Chennai - 600 083.
3.The Public Prosecutor
High Court, Madras.
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.20837 of 2021
M.NIRMAL KUMAR, J.
dna
Crl.O.P.No.20837 of 2021
23.11.2021
https://www.mhc.tn.gov.in/judis
